Ajay Manohar Admane v. The State Of Maharashtra And Another

2025:BHC-AUG:23277 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1371 OF 2025 Ajay s/o Manohar Aadmane ... Applicant

Versus

The State of Maharashtra and another ... Respondents .....

Mr. Chaitanya C. Deshpande, Advocate for the Applicant. Mr. S. B. Narwade, APP for Respondents-State. .....

CORAM :

ABHAY S. WAGHWASE, J.

DATE :

26.08.2025 ORDER :

1.

this is a pre arrest bail application on account of registration of crime no. 0346 of 2025 registered at CIDCO Police Station, District Chhatrapati Sambhajinagar (City) for offence u/s 189(2), 189(4), 191(2), 191(3), 190, 119(1), 109, 352 of BNS. 2.

Learned counsel pointed out that, though applicant is named in the above FIR, only allegations against him are for assaulting by means of wooden log, however, similar allegations are levelled against other two. That, alleged incident took place in the background of winning money in gambling. That, five persons and some unknown persons are named. He pointed out that, main accused Munna and Kunal are already beneficiaries of anticipatory bail by trial court. Therefore on ground of parity also, learned counsel urges for relief.

-23.

Learned APP opposed on the ground that applicant is specifically named. That, there are allegations of assault by means of wooden danda (log) apart from pointing gun like article. Therefore, as thorough investigation is necessary, application is sought to be rejected.

4.

Heard. Perused the FIR dated 21.06.2025. As pointed out, in the occurrence of night of 18.06.2025, it is alleged that, after getting drunk and after gambling, while informant was going home after winning money, accused Tikya, Ajay (present applicant), Munna, Mannu Daji and Dadya intercepted him saying that he cannot win and go away and insisted for further playing. It is reported that after abusing him, he was given beating by means of slaps and fist blows. Informant claims that, Tikya hit him with wooden danda and blow was targeted on the head but he warded it off causing injury on the eyebrow. It is further alleged that, still Tikya hit him by danda on chest and abdomen and even pointed a gun like article and further issued threats to shoot him down. It is further alleged that at that time, Ajay (present applicant), Munna, Mannu Daji and Dadya also picked up wooden danda lying there and they also beat him and forcibly took out money allegedly won by him. On above report, crime seems to have been lodged.

-35.

Thus, from above material it is emerging that main allegations are against Tikya. As submitted, along with others, present applicant is also named for picking up danda already lying there and putting it to use. Statement has been made across the bar by learned counsel that, two of the accused named in the FIR with similar role are already granted anticipatory bail. Order of the trial court dated 21.07.2025 passed to that effect in Bail Application No. 1496 of 2025 is also placed on record. Resultantly, on the ground of parity and in view of above role, application deserves to be granted anticipatory bail. Hence, following order :

ORDER

I.

The application is allowed.

II.

In the event of arrest of the applicant in connection with crime no. 0346 of 2025 registered at CIDCO Police Station, District Chhatrapati Sambhajinagar (City) for offence u/s 189(2), 189(4), 191(2), 191(3), 190, 119(1), 109, 352 of BNS, he shall be released on executing P.B. and S.B. of Rs.15,000/- with one surety in the like amount.

III.

The applicant shall attend the concerned Police Station as and when called by the Investigating Officer till filing of the charge sheet and co-operate in the investigation.

-4IV.

The applicant shall not tamper with the prosecution evidence in any manner.

[ABHAY S. WAGHWASE, J.] vre